Power to take action etc. in relation to third country reception arrangement
198AHB Power to take action etc. in relation to third country reception arrangement
This section applies if the Commonwealth enters into an arrangement (third country reception arrangement) with a foreign country in relation to the removal of non‑citizens from Australia and their acceptance, receipt or ongoing presence in the foreign country.
The rules of natural justice do not apply to entering into a third country reception arrangement with a foreign country, including anything done preparatory to entering into an arrangement: see subsection 198AHAA(1).
The Commonwealth may do all or any of the following:
take, or cause to be taken, any action (not including exercising restraint over the liberty of a person) in relation to the third country reception arrangement or the third country reception functions of the foreign country;
make payments, or cause payments to be made, in relation to the third country reception arrangement or the third country reception functions of the foreign country;
do anything else that is incidental or conducive to the taking of such action or the making of such payments.
The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including anything done in relation to the third country reception functions of a foreign country: see subsection 198AHAA(2).
To avoid doubt, subsection (2) is intended to ensure that the Commonwealth has capacity and authority to take action, without otherwise affecting the lawfulness of that action.
Nothing in this section limits:
any other power or duty under this Act; or
the executive power of the Commonwealth.
In this section:
action includes action in a foreign country.
arrangement includes an arrangement, agreement, understanding, promise or undertaking, whether or not it is legally binding.
third country reception functions, of a foreign country, means the implementation of any law or policy, or the taking of any action, by that country (including, if the foreign country so decides, exercising restraint over the liberty of a person) in connection with the role of that country as a country which has agreed to the acceptance, receipt or ongoing presence of persons who are not citizens of that country, whether the implementation or the taking of action occurs in that country or another country.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.